Who Wins When Declarations And Rules Conflict? Understanding Florida Condominium Law

Florida homeowners and condominium unit owners often face the same question: what happens when the board adopts a rule that seems to go against the governing documents? Can the board add new restrictions that weren’t in the original declaration? Or do the recorded documents always control? If you are having issues with your condo or homeowner’s association, our Boca Raton, FL condo lawyer is available to see how we can help.

Two important Florida cases—Hidden Harbour Estates, Inc. v. Basso, 393 So. 2d 637 (Fla. 4th DCA 1981) and Mohnani v. La Cancha Condominium Ass’n, Inc., 590 So. 2d 36 (Fla. 4th DCA 1991)—provide the framework for answering these questions. Together, they establish the hierarchy between a condominium’s declaration and the board’s rules and regulations, and they explain the different standards that courts apply to each type of restriction.

At Perez Mayoral, P.A., we help homeowners and unit owners navigate these issues every day. Below, we break down what the law says, what the courts have held, and what it means for your rights as an owner.

Declarations: The Foundation Of Ownership

Every condominium or homeowners association is governed by its declaration. This document is recorded in the public records and sets out the rights and obligations of both the owners and the association.

In Hidden Harbour Estates, Inc. v. Basso, 393 So. 2d 637 (Fla. 4th DCA 1981), the Fourth District Court of Appeal made clear that restrictions found in the declaration are not just rules—they are property rights. The court explained that such restrictions are “clothed with a very strong presumption of validity” because buyers purchase their property knowing about and accepting them.

In other words, when you buy a unit, you are agreeing to live under the declaration. Courts treat these provisions like covenants that run with the land.

Importantly, the court also said that these restrictions do not have to be “reasonable” in order to be enforced. Even if they seem harsh or somewhat unfair, they will stand unless they are wholly arbitrary, violate public policy, or infringe on constitutional rights. This means a declaration restriction could appear heavy-handed, but unless it crosses one of those limited lines, it will remain enforceable.

Rules And Regulations: Secondary Authority

The Hidden Harbour court drew a sharp line between restrictions in the declaration and those created by the board of directors through its rulemaking authority. Unlike declaration provisions, board-made rules must pass a test of reasonableness.

The court stated:

“In those cases where a use restriction is not mandated by the declaration of condominium per se, but is instead created by the board of directors of the condominium association, the rule of reasonableness comes into vogue.”

This means that board rules are valid only if they are reasonably related to promoting the health, happiness, and peace of mind of the unit owners. Arbitrary or capricious rules will not survive a legal challenge.

In Hidden Harbour, the board tried to deny a unit owner’s request to drill a shallow well, citing concerns about water salinity, staining, and proliferation of wells. The court struck down the denial because the evidence did not support those concerns. Since the restriction came from the board and not the declaration, the board had to show a reasonable relationship between the rule and a legitimate community objective. They failed to do so.

When Rules Conflict With Declarations: Mohnani V. La Cancha

The next major case, Mohnani v. La Cancha Condominium Ass’n, Inc., 590 So. 2d 36 (Fla. 4th DCA 1991), applied these principles in a leasing dispute.

The board had passed “Rule 10,” which prohibited new owners from leasing their units for two years. But the declaration gave owners the right to lease after 30 days, subject to board approval of the lessee.

The court struck down the rule as invalid. Why? Because board-made rules cannot override the declaration. The court explained that a rule is outside the board’s authority if it “contravenes either an express provision of the declaration or a right reasonably inferable therefrom.”

In other words, the declaration is supreme. The board cannot use its rulemaking power to rewrite or amend it. If the board wants to change the declaration, it must follow the proper amendment procedures, which usually require a supermajority vote of the owners and recording the change in the public records.

The Hierarchy Of Authority

Together, these cases create a clear hierarchy:

1. Declaration Restrictions

• Presumed valid.
• Treated as covenants running with the land.
• Enforceable even if somewhat unreasonable.
• Only invalid if wholly arbitrary, against public policy, or unconstitutional.

2. Board Rules & Regulations

• Subordinate to the declaration.
• Must be reasonable.
• Cannot conflict with declaration provisions or rights reasonably inferred from them.
• Vulnerable to invalidation if arbitrary or inconsistent with the declaration.

If the two conflict, the declaration always controls.

Why This Matters To Owners

For owners, the distinction between declarations and rules can determine whether a restriction is enforceable. Here are a few examples:

• Leasing Restrictions: If your declaration gives you the right to lease subject to certain conditions, the board cannot add a new rule that blocks leasing altogether. That was the situation in Mohnani, and the court struck down the rule.
• Use Of Common Areas: If the declaration is silent on a particular use, the board may adopt reasonable rules. For instance, in earlier cases, associations were allowed to prohibit alcohol consumption in common areas because it was reasonably related to maintaining health and peace of mind.
• Architectural Controls: If the declaration requires board approval for exterior changes, that restriction is enforceable—even if the board seems strict—because it comes directly from the declaration.

Understanding whether a restriction comes from the declaration or a board rule is the first step in analyzing whether it can be enforced.

Practical Guidance

At Perez Mayoral, P.A., when we evaluate a client’s case, our process starts with one question: Where does the restriction come from?

• If it’s in the declaration, we look to see if it is arbitrary, unlawful, or unconstitutional. Otherwise, it is likely enforceable.
• If it’s a board rule, we examine whether it is reasonable and whether it conflicts with the declaration. If it fails either test, we challenge it.

For homeowners and unit owners, this means that not every board rule is the final word. If the rule is arbitrary, or if it contradicts the declaration, it can be challenged in court.

Bottom Line

Florida law draws a sharp line between the authority of the declaration and the authority of the board. Declarations are powerful and binding documents. Board rules are limited—they must be reasonable, and they must never conflict with the declaration.

If you believe your association has overstepped its authority, Perez Mayoral, P.A. can help. We have extensive experience representing homeowners and unit owners against associations, and we know how to apply the holdings of Hidden Harbour Estates, Inc. v. Basso, 393 So. 2d 637 (Fla. 4th DCA 1981) and Mohnani v. La Cancha Condominium Ass’n, Inc., 590 So. 2d 36 (Fla. 4th DCA 1991) to protect your rights.

Contact Perez Mayoral, P.A. today to discuss your situation.